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DUBIN ORTHOPAEDIC v. COM.

No. 2007-SC-000756-DG.

294 S.W.3d 421 (2009)

DUBIN ORTHOPAEDIC CENTER, P.S.C, Appellant, v. COMMONWEALTH of Kentucky, STATE BOARD OF PHYSICAL THERAPY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied October 29, 2009.

Attorney(s) appearing for the Case

Lisa English Hinkle, Christopher John Shaughnessy, Thomas Cornelius Sturgill, Jr., McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, KY, Counsel for Appellant.

Mark Russell Brengelman, Assistant Attorney General, Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, Counsel for Appellee.

Charles J. Cronan, IV, Jennifer L. Elliott, Stites & Harbison, PLLC, Louisville, KY, Counsel for Amicus Curiae, The American Medical Association, The Kentucky Medical Association.

Neal Forrest Bailen, Stites & Harbison, PLLC, Jeffersonville, IN, Counsel for Amicus Curiae, The Kentucky Medical Association.

Jeffrey Alan Darling, Lexington, KY, Counsel for Amicus Curiae, The American Physical Therapy Association.

Opinion of the Court by Justice ABRAMSON.

Kentucky Revised Statute 327.020(3) makes it unlawful "for any person, or for any business entity ... to bill for physical therapy unless such physical therapy is provided by or under the supervision of a physical therapist licensed and practicing in accordance with this chapter." The Court of Appeals held that under this statute the Dubin Orthopaedic Center, PSC, and its sole shareholder...

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